James D Hicks's Answers

I would like to know a homeowners rights in a CCR/Bylaws development

Generally, a Homeowners Association must respond to individual homeowners' grievances through a hearing or dispute resolution process. This process is usually found in the Covenants, Conditions, and Restrictions ("CC&R's") and the Bylaws, although it may also be contained in other authorized rules and regulations. If the Board does not properly respond to a homeowner grievance, a homeowner may have the right to file a lawsuit, and to request reimbursement of legal expenses. A homeowner who...

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How do I collect money owed on construction -Wash. state

A contractor who is properly registered, bonded, and insured as required by the Washington Department of Labor & Industries may file a lawsuit against a customer who has not paid in full under a variety of separate legal theories. To begin with, the contractor may sue for breach of an oral contract, if there was an express agreement with the customer. But also, the contractor may sue for the cost of services rendered, or for the value of the benefit conferred upon the customer, depending on...

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Howmeowner rights

Probably not. A homeowners association and its board get their powers from the association's governing documents, including the CC&R's (often referred to as the "Declaration," especially for condominiums) and the By-Laws, and perhaps other legally-adopted rules. The governing documents do not usually give an association or its board the right to come onto your property without giving notice, unless there is an emergency. However, community property (or "common elements") does not entirely...

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The HOA is levying a large ($16,171) special assessment, that I cannot afford

A condominium's governing documents (CC&Rs and Bylaws) and Washington law typically make unit owners liable for all HOA dues, special assessments, late fees, and legal expenses incurred during the period of ownership. An HOA may have the right to pursue collection of all such past due amounts from the owner, even after the owner sells the property. Also, Washington law for newer condominiums allows an HOA to pursue the new buyer for amounts past due that accrued during the last six months of...

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How do I fight a default judgment out of state?

Generally, jurisdiction over a defendant by a state court is established by domicile, consent, physical presence, or conduct involving the state. If one of those bases is not established, then the court may not have jurisdiction or authority to enter judgment against the defendant. An experienced litigator can help you determine whether the court has jurisdiction, and otherwise evaluate a default judgment for other problems, including insufficiency of service of process (i.e., the defendant...

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Construction lien?

Under the Washington lien statute, "any person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or construction agent of the owner." However, the right to claim a lien expires 90 days after the last day of performed services. If the workers have lien rights, then you...

Is a Notice of Commencement required or used in Washington State?

For private construction projects in Washington, a preliminary notice of right to claim a lien, called a Notice to Owner, is required, with exceptions including: (a) contractors who contract directly with the owner or owner's agent; (b) laborers whose claim of lien is based solely on labor; and (c) subcontractors who contract directly with the prime contractor. There are additional requirements for contractors who perform work on an owner-occupied single-family residence, or who render...

My neighbor treaten me not to talk to his daughter after her daughter put dirt infront of my parking space.He told me

Neighbors do not have the legal right to harrass others, and they may not enter another person's property without authority. If a neighbor will not stop, then you may be able to obtain a restraining order with the help of a qualified attorney. If a neighbor has damaged your property, then you may be able to recover money damages only, up to $5,000, by filing a small claim in your local district court. If the amount of damages exceeds $5,000, then you may file a regular lawsuit in superior...

A house in our neighborhood went into foreclosure, owing Our HOA many years in back dues. Can we collect from the new owner?

Generally, an HOA cannot collect back dues from a new buyer who purchases a foreclosure property. That is because a foreclosure sale eliminates all liens, including HOA liens for back dues, and allows the buyer to take the property free and clear of all liens. However, the HOA may still have the right to take legal action against the original owner for failure to pay the dues. You should review your HOA governing documents, including the CC&R's, with an attorney who is experienced with HOA...

Am I obligated to pay my HOA Dues if they are not taking resposibilities as a HOA?

The legal obligations of a HOA and its individual homeowners are governed by a document called the Covenants, Conditions, and Restrictions ("CC&R's"). Generally, the CC&R's require homeowners to pay their dues each month, regardless of how well the HOA is doing its job. However, most CC&R's require the HOA to maintain and repair the community property. And most CC&R's contain a grievance or dispute resolution procedure that homeowners may use to address complaints about the HOA's performance....